Sentencing guidelines - Violent Offences

73 results

25 April 2012

R v Matyas Pis

First instance sentencing remarks – guidance pending Court of Appeal deliberation – trafficking offences – Hungarian – controlling activities of another for purposes of prostitution for gain contrary to Article 63 of Sexual Offences (NI) Order 2008 – assisting in management of brothel Article 64(1) of Sexual Offences (NI) Order 2008 – trafficking two persons into UK for the purposes of sexual exploitation contrary to Section 57(1)(a) of Sexual Offences Act 2003.

[2012] NICC 14 His Honour Judge Burgess

07 October 2011

R v PH

Common assault contrary to Section 47 of OAPA 1861 – domestic violence – 7 aggravating features – offence triable summarily – sentence to be in proportion to what magistrates’ court would have done – magistrates’ courts guidelines approved.

[2011] NICA 64 Morgan LCJ

07 September 2011

R v Mark Francis Kennedy & Stephen Kennedy

Common assault contrary to Section 47 of OAPA 1861 – modest level of physical violence – offence triable summarily – whether sentence out of all proportion to what the magistrate would have done.

[2011] NICA 42 Morgan LCJ

03 December 2010

R v E B

Sexual assaults - Criminal Justice (NI) Order 2008 - assessment of dangerousness - English case of Lang adopted - whether sentencers may depart from PSR in assessing dangerousness - extended custodial sentence.

[2010] NICA 40 Morgan LCJ

10 November 2010

R v Anthony Joseph McAuley and Paul Ronan Seaward, Director of Public Prosecution’s Reference (Numbers 2 and 3 of 2010)

Section 18 OAPA 1861 - infliction of wanton violence by young males - kicking victim while on the ground - consideration of recent Sentencing Council (E&W) Consultation.

[2010] NICA 36 Morgan LCJ

17 September 2010

R v SG

Unlawful carnal knowledge of a girl under 14 contrary to Section 4 the Criminal Law Amendment Act 1885 - indecent assault on a female child - gross indecency with a child - consensual - appellant 19 years, victim 13 years at the time - assistance to be derived from final report of the Sentencing Guidelines Council (E&W) on Sexual Offences Act 2003.

[2010] NICA 32 Morgan LCJ

28 October 2009

R Darryl John Proctor

Offender participating in concerted sectarian attack on group of young Roman Catholic men - one of the group left in low-level, probably vegetative state - reduced life expectancy - late plea - joint enterprise - CPO 12 years plus 1 (total: 13 years).

[2009] NICA 51 Coghlin LJ

06 March 2009

R v CK a minor

Appeal against sentences - minors - indecent assaults, acts of gross indecency and rape - custodial sentence - other methods of disposal especially a custody probation order - ECHR Art. 8 - sexual offences prevention order expiry date - periods of detention and one year's supervision - third and fourth conditions of the sexual offences prevention order to be deleted - second condition amended in the terms set out in this judgment - sexual offences prevention order to remain in force for the period of five years from today's date - to that extent appeal allowed.

[2009] NICA 17 Kerr LCJ

09 January 2009

R v Alan Stewart

Offender one of three assailants - 'savage and unprovoked' attack on young man in Belfast City Centre - previous convictions showed 'propensity to random senseless violence' - victim suffering catastrophic injuries - CPO 14 years plus 1 (total: 15 years) on a contest.

[2009] NICA 4 Kerr LCJ

05 August 2008

R v Samuel Shannon

Sexual offences prevention order (‘SOPO’) - section 104 of the Sexual Offences Act 2003 – guidance on the conditions for imposing SOPOs.

[2008] NICA 38 Campbell LJ

23 May 2008

R v Daniel McArdle

-Causing grievous bodily harm with intent contrary to section 18 OAPA 1861
-Protective element under article 20 of the Criminal Justice (NI) Order 1996
-Previous good character and youth to be taken into account
- Totality/proportionality

[2008] NICA 29 Kerr LCJ

23 May 2008

R v Jonathan Gerard Patrick Turley

First instance judgment - offender stabbing victim in course of argument - severe consequences for victim's long term physical and mental health - late plea to this and offences of intimidation of witnesses and threats to kill - CPO of 10 years plus 1 (total: 11years) (7.5 years for s. 18, 3.5 years consecutive for other offences).

[2008] NICC 18 Hart J

13 October 2006

R v Patrick McColgan

Indecent assault - AOABH - false imprisonment - Criminal Justice (NI) Order 1996 Art.20 (2)(b) - protective sentences for violent or sexual offence.

[2006] NICA 41 Kerr LCJ

15 September 2006

R v Michael John Gilbert (AG Ref No 3 of 2006)

Rape, assault and burglary

[2006] NICA 36 Kerr LCJ

10 March 2006

R v D O

Rape, Buggery, Totality

[2006] NICA 7 Kerr LCJ

24 February 2006

Attorney General's Reference (Number 1 of 2006), Gary McDonald, John Keith McDonald & Stephen Gary Maternaghan (AG ref 11-13 of 2005)

Guilty pleas - need to plead at earliest opportunity.

[2006] NICA 4 Kerr LCJ

16 September 2005

R v Joseph Henry Bateson

Historic sexual offences - rape and indecent assault - historic cases - effect of delay on sentence - youth of offender.

[2005] NICA 37 Nicholson LJ

06 July 2005

R v Martin Kerr Attorney General's Reference (No 4 of 2005)

Indecent assaults - guidance on sexual offences against young children - abuse of trust - significant adverse effect on victim - offences committed over period in respect of which offender had been previously dealt with in relation to similar offences against others.

[2005] NICA 33 Kerr LCJ

04 July 2005

R v Sean Kenneth Murphy

GBH and robbery (2 separate offences) - consecutive sentences - custody probation order.

[2005] NICA 32 Campbell LJ

17 June 2005

R v Joanne Elizabeth Mitchell

s. 20 OAPA - neglect of a child/baby - suitability for probation.

[2005] NICA 30 Kerr LCJ